Kentucky Statutes 620.050 – Immunity for good-faith actions or reports — Investigations — Confidentiality of reports — Exceptions — Parent’s access to records — Sharing of information by children’s advocacy centers — Confidentiality of interv…
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(1) Anyone acting upon reasonable cause in the making of a report or acting under KRS
620.030 to 620.050 in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action. However, any person who knowingly makes a false report and does so with malice shall be guilty of a Class A misdemeanor.
For details, see § 532.090
(2) Any employee or designated agent of a children’s advocacy center shall be immune from any civil liability arising from performance within the scope of the person’s duties as provided in KRS § 620.030 to KRS § 620.050. Any such person shall have the same immunity with respect to participation in any judicial proceeding. Nothing in this subsection shall limit liability for negligence. Upon the request of an employee or designated agent of a children’s advocacy center, the Attorney General shall provide for the defense of any civil action brought against the employee or designated agent as provided under KRS § 12.211 to KRS § 12.215.
(3) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence regarding a dependent, neglected, or abused child or the cause thereof, in any judicial proceedings resulting from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding a dependent, neglected, or abused child.
(4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this chapter, the cabinet as the designated agency or its delegated representative shall initiate a prompt investigation or assessment of family needs, take necessary action, and shall offer protective services toward safeguarding the welfare of the child. The cabinet shall work toward preventing further dependency, neglect, or abuse of the child or any other child under the same care, and preserve and strengthen family life, where possible, by enhancing parental capacity for adequate child care.
(5) The report of suspected child abuse, neglect, or dependency and all information obtained by the cabinet or its delegated representative, as a result of an investigation or assessment made pursuant to this chapter, except for those records provided for in subsection (6) of this section, shall not be divulged to anyone except:
(a) Persons suspected of causing dependency, neglect, or abuse;
(b) The custodial parent or legal guardian of the child alleged to be dependent, neglected, or abused;
(c) Persons within the cabinet with a legitimate interest or responsibility related to the case;
(d) A licensed child-caring facility or child-placing agency evaluating placement for or serving a child who is believed to be the victim of an abuse, neglect, or dependency report;
(e) Other medical, psychological, educational, or social service agencies, child care administrators, corrections personnel, or law enforcement agencies, including the county attorney’s office, the coroner, and the local child fatality response team, that have a legitimate interest in the case;
(f) A noncustodial parent when the dependency, neglect, or abuse is substantiated;
(g) Members of multidisciplinary teams as defined by KRS § 620.020 and which operate pursuant to KRS § 431.600;
(h) Employees or designated agents of a children’s advocacy center; (i) Those persons so authorized by court order; or
(j) The external child fatality and near fatality review panel established by KRS
620.055.
(6) (a) Files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by a children’s advocacy center in providing services under this chapter are confidential and shall not be disclosed except to the following persons:
1. Staff employed by the cabinet, law enforcement officers, and Commonwealth’s and county attorneys who are directly involved in the investigation or prosecution of the case, including a cabinet investigation or assessment of child abuse, neglect, and dependency in accordance with this chapter;
2. Medical and mental health professionals listed by name in a release of information signed by the guardian of the child, provided that the information shared is limited to that necessary to promote the physical or psychological health of the child or to treat the child for abuse-related symptoms;
3. The court and those persons so authorized by a court order;
4. The external child fatality and near fatality review panel established by
KRS § 620.055; and
5. The parties to an administrative hearing conducted by the cabinet or its designee in accordance with KRS Chapter 13B in an appeal of a cabinet- substantiated finding of abuse or neglect. The children’s advocacy center may, in its sole discretion, provide testimony in lieu of files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the center if the center determines that the release poses a threat to the safety or well-being of the child, or would be in the best interests of the child. Following the administrative hearing and any judicial review, the parties to the administrative hearing shall return all files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the
children’s advocacy center to the center.
(b) The provisions of this subsection shall not be construed as to contravene the
Rules of Criminal Procedure relating to discovery.
(7) Nothing in this section shall prohibit a parent or guardian from accessing records for his or her child providing that the parent or guardian is not currently under investigation by a law enforcement agency or the cabinet relating to the abuse or neglect of a child.
(8) Nothing in this section shall prohibit employees or designated agents of a children’s advocacy center from disclosing information during a multidisciplinary team review of a child sexual abuse case as set forth under KRS § 620.040. Persons receiving this information shall sign a confidentiality statement consistent with statutory prohibitions on disclosure of this information.
(9) Employees or designated agents of a children’s advocacy center may confirm to another children’s advocacy center that a child has been seen for services. If an information release has been signed by the guardian of the child, a children’s advocacy center may disclose relevant information to another children’s advocacy center.
(10) (a) An interview of a child recorded at a children’s advocacy center shall not be duplicated, except that the Commonwealth’s or county attorney prosecuting the case may:
1. Make and retain one (1) copy of the interview; and
2. Make one (1) copy for the defendant‘s or respondent’s counsel that the defendant’s or respondent’s counsel shall not duplicate.
(b) The defendant’s or respondent’s counsel shall file the copy with the court clerk at the close of the case.
(c) Unless objected to by the victim or victims, the court, on its own motion, or on motion of the attorney for the Commonwealth shall order all recorded interviews that are introduced into evidence or are in the possession of the children’s advocacy center, law enforcement, the prosecution, or the court to be sealed.
(d) The provisions of this subsection shall not be construed as to contravene the
Rules of Criminal Procedure relating to discovery.
(11) Identifying information concerning the individual initiating the report under KRS
620.030 shall not be disclosed except:
(a) To law enforcement officials that have a legitimate interest in the case;
(b) To the agency designated by the cabinet to investigate or assess the report;
(c) To members of multidisciplinary teams as defined by KRS § 620.020 that operated under KRS § 431.600
(d) Under a court order, after the court has conducted an in camera review of the record of the state related to the report and has found reasonable cause to believe that the reporter knowingly made a false report; or
(e) The external child fatality and near fatality review panel established by KRS
620.055.
(12) (a) Information may be publicly disclosed by the cabinet in a case where child abuse or neglect has resulted in a child fatality or near fatality.
(b) The cabinet shall conduct an internal review of any case where child abuse or neglect has resulted in a child fatality or near fatality and the cabinet had prior involvement with the child or family. The cabinet shall prepare a summary that includes an account of:
1. The cabinet’s actions and any policy or personnel changes taken or to be taken, including the results of appeals, as a result of the findings from the internal review; and
2. Any cooperation, assistance, or information from any agency of the state or any other agency, institution, or facility providing services to the child or family that were requested and received by the cabinet during the investigation of a child fatality or near fatality.
(c) The cabinet shall submit a report by September 1 of each year containing an analysis of all summaries of internal reviews occurring during the previous year and an analysis of historical trends to the Governor, the General Assembly, and the state child fatality review team created under KRS
211.684.
(13) When an adult who is the subject of information made confidential by subsection (5) of this section publicly reveals or causes to be revealed any significant part of the confidential matter or information, the confidentiality afforded by subsection (5) of this section is presumed voluntarily waived, and confidential information and records about the person making or causing the public disclosure, not already disclosed but related to the information made public, may be disclosed if disclosure is in the best interest of the child or is necessary for the administration of the cabinet’s duties under this chapter.
(14) As a result of any report of suspected child abuse or neglect, photographs and X- rays or other appropriate medical diagnostic procedures may be taken or caused to be taken, without the consent of the parent or other person exercising custodial control or supervision of the child, as a part of the medical evaluation or investigation of these reports. These photographs and X-rays or results of other medical diagnostic procedures may be introduced into evidence in any subsequent judicial proceedings or an administrative hearing conducted by the cabinet or its designee in accordance with KRS Chapter 13B in an appeal of a cabinet- substantiated finding of child abuse or neglect. The person performing the diagnostic procedures or taking photographs or X-rays shall be immune from criminal or civil liability for having performed the act. Nothing herein shall limit liability for negligence.
(15) In accordance with 42 U.S.C. § 671, the cabinet shall share information about a child in the custody of the cabinet with a relative or a parent of the child’s sibling for the purposes of:
(a) Evaluating or arranging a placement for the child;
(b) Arranging appropriate treatment services for the child; or
(c) Establishing visitation between the child and a relative, including a sibling of the child.
(16) In accordance with 42 U.S.C. § 671, the cabinet shall, in the case of siblings removed from their home who are not jointly placed, provide for frequent visitation or other ongoing interaction between the siblings, unless the cabinet determines that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 3, sec. 1, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 159, sec. 19, effective July 14, 2018. — Amended 2016 Ky. Acts ch. 115, sec. 6, effective July 15, 2016. — Amended 2013 Ky. Acts ch. 39, sec. 2, effective June 25, 2013. — Amended 2004 Ky. Acts ch. 169, sec. 1, effective July 13,
2004. — Amended 2002 Ky. Acts ch. 87, sec. 2, effective July 15, 2002. — Amended
2000 Ky. Acts ch. 144, sec. 7, effective July 14, 2000; and ch. 164, sec. 2, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 57, sec. 19, effective March 17, 1998; and ch. 303, sec. 2, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 18, sec. 6, effective July 15, 1996; and ch. 347, sec. 7, effective July 15, 1996. — Amended
1988 Ky. Acts ch. 350, sec. 45, effective April 10, 1988. — Created 1986 Ky. Acts ch. 423, sec. 66, effective July 1, 1987.
620.030 to 620.050 in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action. However, any person who knowingly makes a false report and does so with malice shall be guilty of a Class A misdemeanor.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 620.050
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Year: means calendar year. See Kentucky Statutes 446.010
(2) Any employee or designated agent of a children’s advocacy center shall be immune from any civil liability arising from performance within the scope of the person’s duties as provided in KRS § 620.030 to KRS § 620.050. Any such person shall have the same immunity with respect to participation in any judicial proceeding. Nothing in this subsection shall limit liability for negligence. Upon the request of an employee or designated agent of a children’s advocacy center, the Attorney General shall provide for the defense of any civil action brought against the employee or designated agent as provided under KRS § 12.211 to KRS § 12.215.
(3) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence regarding a dependent, neglected, or abused child or the cause thereof, in any judicial proceedings resulting from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding a dependent, neglected, or abused child.
(4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this chapter, the cabinet as the designated agency or its delegated representative shall initiate a prompt investigation or assessment of family needs, take necessary action, and shall offer protective services toward safeguarding the welfare of the child. The cabinet shall work toward preventing further dependency, neglect, or abuse of the child or any other child under the same care, and preserve and strengthen family life, where possible, by enhancing parental capacity for adequate child care.
(5) The report of suspected child abuse, neglect, or dependency and all information obtained by the cabinet or its delegated representative, as a result of an investigation or assessment made pursuant to this chapter, except for those records provided for in subsection (6) of this section, shall not be divulged to anyone except:
(a) Persons suspected of causing dependency, neglect, or abuse;
(b) The custodial parent or legal guardian of the child alleged to be dependent, neglected, or abused;
(c) Persons within the cabinet with a legitimate interest or responsibility related to the case;
(d) A licensed child-caring facility or child-placing agency evaluating placement for or serving a child who is believed to be the victim of an abuse, neglect, or dependency report;
(e) Other medical, psychological, educational, or social service agencies, child care administrators, corrections personnel, or law enforcement agencies, including the county attorney’s office, the coroner, and the local child fatality response team, that have a legitimate interest in the case;
(f) A noncustodial parent when the dependency, neglect, or abuse is substantiated;
(g) Members of multidisciplinary teams as defined by KRS § 620.020 and which operate pursuant to KRS § 431.600;
(h) Employees or designated agents of a children’s advocacy center; (i) Those persons so authorized by court order; or
(j) The external child fatality and near fatality review panel established by KRS
620.055.
(6) (a) Files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by a children’s advocacy center in providing services under this chapter are confidential and shall not be disclosed except to the following persons:
1. Staff employed by the cabinet, law enforcement officers, and Commonwealth’s and county attorneys who are directly involved in the investigation or prosecution of the case, including a cabinet investigation or assessment of child abuse, neglect, and dependency in accordance with this chapter;
2. Medical and mental health professionals listed by name in a release of information signed by the guardian of the child, provided that the information shared is limited to that necessary to promote the physical or psychological health of the child or to treat the child for abuse-related symptoms;
3. The court and those persons so authorized by a court order;
4. The external child fatality and near fatality review panel established by
KRS § 620.055; and
5. The parties to an administrative hearing conducted by the cabinet or its designee in accordance with KRS Chapter 13B in an appeal of a cabinet- substantiated finding of abuse or neglect. The children’s advocacy center may, in its sole discretion, provide testimony in lieu of files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the center if the center determines that the release poses a threat to the safety or well-being of the child, or would be in the best interests of the child. Following the administrative hearing and any judicial review, the parties to the administrative hearing shall return all files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the
children’s advocacy center to the center.
(b) The provisions of this subsection shall not be construed as to contravene the
Rules of Criminal Procedure relating to discovery.
(7) Nothing in this section shall prohibit a parent or guardian from accessing records for his or her child providing that the parent or guardian is not currently under investigation by a law enforcement agency or the cabinet relating to the abuse or neglect of a child.
(8) Nothing in this section shall prohibit employees or designated agents of a children’s advocacy center from disclosing information during a multidisciplinary team review of a child sexual abuse case as set forth under KRS § 620.040. Persons receiving this information shall sign a confidentiality statement consistent with statutory prohibitions on disclosure of this information.
(9) Employees or designated agents of a children’s advocacy center may confirm to another children’s advocacy center that a child has been seen for services. If an information release has been signed by the guardian of the child, a children’s advocacy center may disclose relevant information to another children’s advocacy center.
(10) (a) An interview of a child recorded at a children’s advocacy center shall not be duplicated, except that the Commonwealth’s or county attorney prosecuting the case may:
1. Make and retain one (1) copy of the interview; and
2. Make one (1) copy for the defendant‘s or respondent’s counsel that the defendant’s or respondent’s counsel shall not duplicate.
(b) The defendant’s or respondent’s counsel shall file the copy with the court clerk at the close of the case.
(c) Unless objected to by the victim or victims, the court, on its own motion, or on motion of the attorney for the Commonwealth shall order all recorded interviews that are introduced into evidence or are in the possession of the children’s advocacy center, law enforcement, the prosecution, or the court to be sealed.
(d) The provisions of this subsection shall not be construed as to contravene the
Rules of Criminal Procedure relating to discovery.
(11) Identifying information concerning the individual initiating the report under KRS
620.030 shall not be disclosed except:
(a) To law enforcement officials that have a legitimate interest in the case;
(b) To the agency designated by the cabinet to investigate or assess the report;
(c) To members of multidisciplinary teams as defined by KRS § 620.020 that operated under KRS § 431.600
(d) Under a court order, after the court has conducted an in camera review of the record of the state related to the report and has found reasonable cause to believe that the reporter knowingly made a false report; or
(e) The external child fatality and near fatality review panel established by KRS
620.055.
(12) (a) Information may be publicly disclosed by the cabinet in a case where child abuse or neglect has resulted in a child fatality or near fatality.
(b) The cabinet shall conduct an internal review of any case where child abuse or neglect has resulted in a child fatality or near fatality and the cabinet had prior involvement with the child or family. The cabinet shall prepare a summary that includes an account of:
1. The cabinet’s actions and any policy or personnel changes taken or to be taken, including the results of appeals, as a result of the findings from the internal review; and
2. Any cooperation, assistance, or information from any agency of the state or any other agency, institution, or facility providing services to the child or family that were requested and received by the cabinet during the investigation of a child fatality or near fatality.
(c) The cabinet shall submit a report by September 1 of each year containing an analysis of all summaries of internal reviews occurring during the previous year and an analysis of historical trends to the Governor, the General Assembly, and the state child fatality review team created under KRS
211.684.
(13) When an adult who is the subject of information made confidential by subsection (5) of this section publicly reveals or causes to be revealed any significant part of the confidential matter or information, the confidentiality afforded by subsection (5) of this section is presumed voluntarily waived, and confidential information and records about the person making or causing the public disclosure, not already disclosed but related to the information made public, may be disclosed if disclosure is in the best interest of the child or is necessary for the administration of the cabinet’s duties under this chapter.
(14) As a result of any report of suspected child abuse or neglect, photographs and X- rays or other appropriate medical diagnostic procedures may be taken or caused to be taken, without the consent of the parent or other person exercising custodial control or supervision of the child, as a part of the medical evaluation or investigation of these reports. These photographs and X-rays or results of other medical diagnostic procedures may be introduced into evidence in any subsequent judicial proceedings or an administrative hearing conducted by the cabinet or its designee in accordance with KRS Chapter 13B in an appeal of a cabinet- substantiated finding of child abuse or neglect. The person performing the diagnostic procedures or taking photographs or X-rays shall be immune from criminal or civil liability for having performed the act. Nothing herein shall limit liability for negligence.
(15) In accordance with 42 U.S.C. § 671, the cabinet shall share information about a child in the custody of the cabinet with a relative or a parent of the child’s sibling for the purposes of:
(a) Evaluating or arranging a placement for the child;
(b) Arranging appropriate treatment services for the child; or
(c) Establishing visitation between the child and a relative, including a sibling of the child.
(16) In accordance with 42 U.S.C. § 671, the cabinet shall, in the case of siblings removed from their home who are not jointly placed, provide for frequent visitation or other ongoing interaction between the siblings, unless the cabinet determines that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 3, sec. 1, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 159, sec. 19, effective July 14, 2018. — Amended 2016 Ky. Acts ch. 115, sec. 6, effective July 15, 2016. — Amended 2013 Ky. Acts ch. 39, sec. 2, effective June 25, 2013. — Amended 2004 Ky. Acts ch. 169, sec. 1, effective July 13,
2004. — Amended 2002 Ky. Acts ch. 87, sec. 2, effective July 15, 2002. — Amended
2000 Ky. Acts ch. 144, sec. 7, effective July 14, 2000; and ch. 164, sec. 2, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 57, sec. 19, effective March 17, 1998; and ch. 303, sec. 2, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 18, sec. 6, effective July 15, 1996; and ch. 347, sec. 7, effective July 15, 1996. — Amended
1988 Ky. Acts ch. 350, sec. 45, effective April 10, 1988. — Created 1986 Ky. Acts ch. 423, sec. 66, effective July 1, 1987.